84-037 City of Sunnyvale modification of traffic control, safety lighting, and widening Rd Reso 6294AGREEMENT
THIS AGREEMENT, ENTERED INTO ON / 1984 IS BETWEEN
CITY OF SUNNYVALE,
A body politic and a municipal corporation
of the State of California, referred to
herein as "SUNNYVALE"
AND
CITY OF CUPERTINO
A body politic and a municipal corporation
of the State of California, referred to
herein as "CUPERTINO"
RECITALS
(1) SUNNYVALE and CUPERTINO contemplate modification of the traffic
control signal system and safety lighting and widening of the southbound approach
at the intersection of Homestead Road- Wolfe Road, referred to herein as "PROJECT",
and desire to specify the terms and conditions under which such systems are to
be installed and -financed.
SECTION I
CUPERTINO AGREES:
(1) To provide plans and specifications and all necessary construction
engineering services for the PROJECT and to bear all of the expense thereof.
(2) Prior to advertisement for construction of PROJECT, to submit said
plans and specifications to SUNNYVALE for review and concurrence as to conformity
to SUNNYVALE'S standards and/or existing facilities.
(3) To construct -the PROJECT by contract in accordance with plans and
specifications of CUPERTINO.
(4) To pay an amount equal to fifty percent (50%) of construction costs
of the traffic signal modification and all of the costs of construction improvements
at the southwest corner of the intersection, but in no event shall CUPERTINO'S
total obligation for construction costs and necessary traffic signal equipment
purchase under this Agreement exceed the amount of $44,000.00, provided that
CUPERTINO may, at its sole discretion, in writing authorize a greater amount.
1
CF('TTnNT TT
SUNNYVALE AGREES:
(1) To deposit with CUPERTINO at the time of award of a construction contract
for PROJECT, the amount of $59,000.00, which figure represents SUNNYVALE'S estimated
share of the construction costs and necessary traffic signal equipment purchase
required to complete PROJECT. In no event shall SUNNYVALE'S total obligation for
said costs including costs provided for in Section III (9) under this Agreement
exceed the amount of $64,900.00; provided that SUNNYVALE may, at its sole discretion,
in writing, authorize a greater amount.
(2) SUNNYVALE'S share of the construction costs (estimated to be $59,000.00)
shall be an amount equal to fifty percent (50%) of the actual costs of the traffic
signal modification plus the construction of the widening of the southbound approach
of Wolfe Road as determined after completion of work and upon final accounting of
costs.
CFrTTnNT TTT
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) CUPERTINO shall not award a contract for the work until after receipt
of SUNNYVALE'S deposit required in Section II (1).
(2) Neither CUPERTINO nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by SUNNYVALE under or in connection with any work, authority or jurisdiction
delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant to
Government Code Section 895.A, SUNNYVALE shall fully indemnify and hold CUPERTINO
harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by SUNNYVALE
under or in connection with any work,' authority or jurisdiction delegated to SUNNYVALE
under this Agreement.
(3) Neither SUNNYVALE nor any officer of employee thereof, is responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by CUPERTINO under or in connection with any work, authority or jurisdiction
not delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant
to Government Code Section 895.A, CUPERTINO shall fully indemnify and hold SUNNYVALE
harmless from any liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by CUPERTINO
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SECTION III Continued
under or in connection with any work, authority or jurisdiction not delegated
to SUNNYVALE under this Agreement.
(4) Should any portion of the PROJECT be financed with Federal funds or
State gas tax funds all applicable procedures and policies relating to the use
of such funds shall apply notwithstanding other provisions of this Agreement.
(5) If upon completion of the PROJECT and final accounting, it is found the
amount deposited by SUNNYVALE is in excess of the cost of the work plus contingency
items, the balance remaining shall be promptly refunded by CUPERTINO to SUNNYVALE.
If however, the cost of the work exceeds the amount deposited by SUNNYVALE,
SUNNYVALE will promptly, upon receipt of claims therefor, pay its respective
portion of the amount of said excess to CUPERTINO.
(6) After opening bids for the PROJECT and if bids indicate a cost overrun
of no -more, than ten percent (10%) of the estimated $103,000.00, CUPERTINO may
award the contract.
(7) If, upon opening of bids, it is found that a cost overrun exceeding
ten percent (10%) of the estimate will occur, CUPERTINO and SUNNYVALE shall
endeavor to agree upon an alternative course of action, such as proportional increases
in the financing by each party. CUPERTINO shall not be obligated to award the
contract unless such agreement is reached. Notwithstanding any such overrun,
CUPERTINO may award the contract, without consent of SUNNYVALE, if CUPERTINO
agrees to assume financial responsibility for the overrun.
(8) In the construction of said work, CUPERTINO will furnish a representative
to perform the usual functions of a Resident Engineer; SUNNYVALE may, at no
cost to CUPERTINO, furnish a representative, if it so desires; and said represen-
tative and Resident Engineer will cooperate and consult with each other, but
the orders of CUPERTINO'S engineer shall be final.
(9) If existing public and private utilities conflict with the construction
of the PROJECT, CUPERTINO will make all necessary arrangements with the owners
of such utilities for their removal or relocation. CUPERTINO will inspect the
removal or relocation of such utilities. If there are no existing provisions
for removal or relocation of utilities between SUNNYVALE and CUPERTINO and the owners
3
SECTION III continued
of the utilities, CUPERTINO and SUNNYVALE will share the cost of any removal or
relocation in the amount of fifty percent (50%) CUPERTINO and fifty percent (50%)
SUNNYVALE.
(10) SUNNYVALE hereby grants to CUPERTINO and its agents and contractors
all necessary authority to perform within the boundaries of SUNNYVALE any and
all work required to perform the terms of this Agreement, and agrees to provide
such documentation as may be required to confirm such authority.
CITY OF CUPERTINO
May r
Attest:
City_ Clerk
CITY OF SUNNYVALE
Mayor
Attest:
ut4t akx) - e —4- "
City lerk "
y
APPROVED AS TO FORM A D ROCEDURES: APPROVED AS;TO FORM AND PROCEDURES:
' I
f�
City City Attorneyk
RESOLUTION NO. 6294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF
SUNNYVALE PROVID;_NC- r'Oti THE MODIFICATION OF TRAFFIC
CONTROL SIGNAL SYSTEM AND SAFETY LIGHTING AND WIDENING
OF THE SOUTHBOUND APPROACH AT HOMESTEAD ROAD AND WOLFE
ROAD
WHEREAS, the City of Cupertino and the City of Sunnyvale contemplate
modification of the traffic control signal system and safety lighting and
widening of the southbound approach at the intersection of Homestead Road
and Wolfe Road; and
WHEREAS, a proposed agreement has been presented to the City Council
outlining the terms and conditions of administering said project, and said
agreement having been approved by the Director of Public Works and the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 13th day of March 1984, by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy
NOES: None
ABSENT: Rogers, Sparks THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT CORRECT C13PY
OF THE4ORir-ILISTRILEUE DIN THIIS ❑FFIICE.
ABSTAIN: Toone19�ATTECITY CITYERTI ❑ATTEST: APPROVED:BYLERK
/s/ Dorothy Cornelius /s/ John T. Plungy, Jr.
City Clerk Mayor, City of Cupertino